Appellate Law News and Insights

I have done the number crunching for Texas Supreme Court cause disposition for the calendar year beginning January 1, 2023, and ending December 31, 2023. The broader statistics are set out below. I will provide additional numbers and calculations in the coming weeks. During the 2023 calendar year, the Texas...

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On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS). The Second Circuit held that to act "willfully" under the AKS, a defendant "must act knowing that its conduct...

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The Supreme Court of Delaware has held that a letter received by an insured from an attorney purporting to represent unidentified plaintiffs and forecasting future litigation did not constitute a "claim for damages" under a claims-made policy. Zurich Am. Ins. Co. v. Syngenta Crop Prot., LLC, 2024 WL 763418 (Del. Feb....

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